Principles of evidence in international criminal justice

著者

書誌事項

Principles of evidence in international criminal justice

edited by Karim A.A. Khan, Caroline Buisman, Christopher Gosnell

Oxford University Press, 2010

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practising international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

目次

  • Preface
  • Foreword
  • Introduction
  • PART I: ANTECEDENTS
  • 1. Civil law Rules of Evidence
  • 2. International Criminal Law and Common Law Rules of Evidence
  • 3. The Nature and Evolution of the Rules of Procedure and Evidence
  • 4. Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts
  • 5. The Changing Context of Evidential Rules
  • PART II: BEFORE THE TRIAL BEGINS
  • 6. Collection of Evidence
  • 7. Disclosure of Evidence
  • PART III: THE TRIAL
  • 8. Admissibility of Evidence
  • 9. Documentary Evidence
  • 10. Rules Governing the Presentation of Testimonial Evidence
  • 11. Evidential Privileges
  • 12. Expert Evidence
  • 13. Reasonable Doubt Standard of Proof in International Criminal Trials
  • 14. The Standard of Proof in Pre-Trial Proceedings
  • PART IV: PROOF OF FACTS OTHER THAN THROUGH EVIDENCE AT TRIAL
  • 15. Judicial Notice
  • 16. Additional Evidence on Appeal, Review Proceedings and the Remedy of Reconsideration

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